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Q.

Can Indian Govt Freeze NRI Money?

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3 months

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Hi, A common question among NRIs is: Under financial and legal regulations, can Indian govt freeze NRI money? NRI accounts can be frozen either temporarily or permanently by banks when certain compliance or legal requirements are breached.

When Can Indian Govt Allow NRI Bank Account Freeze?

  • Firstly, if an Indian resident becomes an NRI, they must promptly inform their bank and convert existing resident savings accounts into appropriate NRI designated accounts (like NRE or NRO) under FEMA norms. Failure to do so may lead to account freezing or penalties.

  • Secondly, banks are required to comply with KYC (Know Your Customer) norms, meaning NRIs must periodically update proof of identity and address (e.g., passport, visa, or overseas address proof). Non-compliance may trigger account restrictions or freezing until documentation is updated.

  • Thirdly, RBI guidelines prohibit misusing NRI accounts for instance, depositing Indian income into NRE accounts or paying EMIs from NRO/NRE accounts in violation of FEMA. Such misuse can attract scrutiny, reversal of funds, or even account freezing.

  • Fourthly, in the case of a court order or police notice, banks are legally bound to freeze accounts, often under provisions like Section 91 of the CrPC. While the bank acts on this directive, the account holder can seek remedy through legal forums.

In one such instance, a bank froze an NRI’s account based on a cybercrime notice but a consumer commission later deemed the freeze invalid without judicial orders and flagged it as service deficiency.

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